By: Trenam's Employment Law Team An employer faces many risks when it terminates an employee, including potential claims of discrimination. Having the employee sign a separation agreement that includes a release of claims in return for payment to which the employee would not otherwise be entitled is a good way to eliminate or…
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By: Trenam's Employment Law Team “Ban the Box” or “Fair-Chance Hiring” describes a recent movement that advocates removing the check box appearing on many job applications asking applicants whether they have criminal histories. Ban-the-box advocates say that inquiring into criminal histories reduces job prospects for ex-offenders and that banning the box will…
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As seen in The Cramdown, Spring 2016. By: Amy Drushal The Eleventh Circuit created new precedent (unfavorable precedent from a creditor's perspective) in Crawford v. LVNV Funding LLC, 758 F. 3d 1254 (11th Cir. 2014), when it held that filing a proof of claim on a time-barred debt violated the FDCPA. What the Eleventh Circuit declined to address in Crawford was…
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By Marla Bohlander and D. Michael O'Leary In order for a U.S. taxpayer to deduct contributions to charity on his or her federal income tax return (Form 1040), the taxpayer must comply with very specific rules set forth in the Internal Revenue Code (the “Code”) which are designed to ensure that the amount…
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By Boyd E. Chapin, III The Patient Protection and Affordable Care Act (“ACA”) commonly known as “Obamacare” created new reporting obligations in 2015 requiring most employers to report certain information to the Internal Revenue Service (“IRS”) about each of its full-time employees, including whether it offered the employees and their dependents…
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Uncertainty over coming revisions to federal overtime pay regulations is no excuse for delaying to prepare for changes that could profoundly affect how workers view their jobs. Click here to read this article on Health Leaders Media.
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The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and one-half times an employee’s regular rate for hours worked over 40 in a workweek. There are a few exceptions to this requirement, including the so-called…
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As seen in Law Practice Today. By: Amy Drushal Like many lawyers I know, I started my ABA involvement with the Young Lawyers Division. I served in a number of leadership positions and met wonderful people during my years in YLD. Then, as we all have experienced, or will in the future, I got older…
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As seen in Law Practice Today. By: Amy Drushal The Best of Law Practice Today. This article originally appeared in the December 2013 issue of LPT (The New Partner Issue). With the significant expansion of our subscriber audience since July 2014, we thought our new readers would enjoy reading an earlier feature that you…
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By: Alicia Koepke The National Labor Relations Board (NLRB) recently held that employees who have access to company email systems are presumptively allowed to use those email systems on nonworking time to engage in statutorily protected communications, such as communicating with other employees about the terms and conditions of employment. Consequently,…
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